SIPOS & MARSDEN

Case

[2015] FamCA 278

12 March 2015


Details
AGLC Case Decision Date
SIPOS & MARSDEN [2015] FamCA 278 [2015] FamCA 278 12 March 2015

CaseChat Overview and Summary

These proceedings concerned a dispute between Mr Sipos (the father) and Ms Marsden (the mother) before Benjamin J of the Family Court of Australia. The court was dealing with matters relating to a child, B, born in 2010.

The court was required to determine the appropriate orders concerning the child's welfare and location, particularly in light of concerns about the child's well-being in the mother's care and in breach of existing court orders. The father sought a location order and potentially further orders in respect of the maternal family.

Benjamin J directed the father to file an affidavit of service of the Application for a Location Order upon the relevant Government Department. The court also granted leave for the father to make written applications for orders pursuant to s 67M of the *Family Law Act 1975* (Cth) concerning the maternal family. The mother was ordered to attend court with the child B and deliver the child to the Counselling Section of the Family Court prior to the hearing. The court noted its concerns about the child's well-being in the mother's care, given the material before it and the mother's breach of existing orders. The court also provided a Fact Sheet detailing the obligations and consequences of contravening the orders.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Jurisdiction

  • Procedural Fairness

  • Breach

  • Costs

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